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fiancee age 16 or 21 ??

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smudge2031
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fiancee age 16 or 21 ??

Post by smudge2031 » Thu Nov 11, 2010 1:05 pm

Hi i was just wondering as I have read both. Does my fiancee need to be over 16 or 21 over to apply for her fiancee visa?? I have come across conflicting documents....... thanks

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Post by geriatrix » Thu Nov 11, 2010 1:09 pm


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Post by geriatrix » Thu Nov 11, 2010 1:23 pm

smudge2031 wrote:I am a british citizen. I have a mexican fiancee and we have a british born son. my son has a british passport and therefore is british. they are currently in mexico as my fiancees 6 month visitor stamp ran out. she is 19 and we are wondering what visa to apply for so she can stay here indefinitely. I have read that she must be over 21 to apply for a fiancee visa but then i have read that she must be over 16 ???? any help would be great, thanks
The link above clearly states that both the persons must be 21.

Do you or your fiancee serve in HM forces?
If you are outside the UK wrote:Both you and your fiance(e) or proposed civil partner must be at least 21 years old (or 18 years old if either of you is a serving member of HM Forces).

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smudge2031
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Post by smudge2031 » Thu Nov 11, 2010 1:30 pm

Fiancé/e of an UK Citizen, permanent resident or EU Citizen
The requirements for immigration to UK as a Fiancé/e’s are very similar to the rules for married couples. You may wish to consider very carefully whether it is best to marry first and then apply for entry as this will avoid the necessity of making a fiance/e application and then a second application to remain as a spouse. However, please note that it is no longer possible for most visitors to change status to a spouse visa. The basic requirements for immigration to UK are as follows:

•Unless you are engaged to an EU Citizen (not British citizen in this situation!) with a five year residence permit you must apply for entry from outside the UK. If you wish to apply from within the UK in other circumstances your application is likely to be refused unless you can show exceptional reasons why the application should be granted.
•You are granted entry to the UK for a period of six months during which time you must marry your fiancé/e in the UK. If there are exceptional reasons for delaying marriage until after the initial six months an extension to stay in the UK may be granted.
•You will not be permitted to work in the UK on the fiance/e visa, and you and your fiance/e must show that there will be sufficient funds and accommodation in the UK without requiring public funds before and after the marriage. Public funds cover various benefits paid by the Government if you are currently looking for work, if you are on a low income and if you are in various other situations.
•You must have met your future spouse. This is to prevent a situation that occurs sometimes in arranged marriages where the future husband and wife have never met.
•You must intend to live together permanently with your future spouse once you are married.
•It is a requirement that the overseas fiancé/fiancée has to be 16 years old or over, and the sponsor in the UK has to be at least 18 years old.
•Children of the overseas fiance/e who are under 18 years old are only allowed entry to the UK as dependants if it can be shown that it would cause serious problems if they are not allowed entry at the same time. Therefore this sort of application will be difficult to make, and in many cases it may be best to wait until after the marriage and then apply for entry of dependents.
•You should apply for a marriage visa from within the UK when you are married, and will then be eligible to work freely

smudge2031
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Post by smudge2031 » Thu Nov 11, 2010 1:30 pm

i read this on this website?? under fiancee section, so im a little confused??

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Post by smudge2031 » Thu Nov 11, 2010 1:34 pm

we are not in the armed forces. if it is over 21. what visa would she apply for?? we have a british born son together and they are both in mexico just now

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Post by geriatrix » Thu Nov 11, 2010 1:36 pm

smudge2031 wrote:i read this on this website?? under fiancee section, so im a little confused??
Obsolete information? The rules may have changed after the information was posted on this website.

The current information is what has been quoted (above) from the UKBA and UKVisas website.


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smudge2031
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Post by smudge2031 » Thu Nov 11, 2010 1:40 pm

ah ok, thanks thats cleared that problem up! now would you have any idea of what visa she can apply for. As she has a british born son can she apply as a parent some how for settlement ??

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Post by geriatrix » Thu Nov 11, 2010 1:41 pm

Until such time she turns 21, I am afraid, she cannot apply for a settlement (spouse, unmarried partner, fiancee) visa.

The fact that there is a British citizen child doesn't offer any concession in this regard.



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smudge2031
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Post by smudge2031 » Fri Nov 12, 2010 4:17 pm

heres a question. as they dont scan or stamp passports on exiting the uk. is it possible that if she got a new passport with no stamps, then they would have no idea when she came or left previously??

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Post by geriatrix » Fri Nov 12, 2010 5:00 pm

The age of the applicant is an issue here, not the travel history (to the UK).


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smudge2031
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Post by smudge2031 » Fri Nov 12, 2010 5:02 pm

yes i realise that, but if she could come over agin for 6 months , we would then go and live in mexico for a yesr until she was 21 and then get the visa?? she has not long returned to mexico after 6 months ??

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Post by geriatrix » Fri Nov 12, 2010 5:09 pm

Stamps in the passport is not the only method that UKBA uses to figure out an individual's previous travel history.


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smudge2031
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Post by smudge2031 » Fri Nov 12, 2010 7:29 pm

ok, I have been looking at the surinder singh method. From what i have read I could work in france and she could be with me there. I would work for 6 months and then apply for a EEA2 form, is this correct? And when would i apply for the EEA2 ? when we have returned to the uk or before in France?? This seems a good idea for me aa I can get a job in France no problem as I have contacts there. It seems to me from reading that the EEA2 seems quite a simple process to perfrom ??

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Post by geriatrix » Sat Nov 13, 2010 4:11 am

Perhaps yes, if you two intend to marry soon. See EEA Family Permits for more details.


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Last edited by geriatrix on Sat Nov 13, 2010 11:15 am, edited 1 time in total.

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Post by Casa » Sat Nov 13, 2010 10:29 am

And the EEA2 permit is free.

smudge2031
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Post by smudge2031 » Sat Nov 13, 2010 10:52 am

thanks very much for your help. i think we will marry in france, I will work there for 6 months + and then she can apply for a EEA FP or would it be a EEA2 form???? which would it be ?? and yes the cost is also good as it would alot less !

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